Comprehensive MLL215 Commercial Law HD notes

Description

MLL215 Commercial Law study notes, organised by week in a format that is in line with answering exam questions. Includes all content from classes/seminars and from the prescribed textbooks (Traves) and (Cornes). Topics covered: Agency (Weeks 1–3) - Nature of agency and sources of an agent's authority (Week 1) - Apparent/ostensible authority and estoppel — representation, reliance, detriment, limitations (Week 2) - Ratification — preconditions, methods (express/implied), pre-registration contracts, exceptions, effects - Agency by law / agency of necessity - Doctrine of the undisclosed principal and its limits (Week 3) - Agent's and principal's duties and rights — duties of agents (common law, contractual, equitable), principal's duties, breach of warranty of authority, settlement through an agent Sale of Goods, Consumer Law & Insurance (Weeks 3–10) - The Goods Act 1958 (Vic) — scope and application (Weeks 3–4) - Vesting (passing) of property in goods and risk - Implied terms under the Goods Act - Nemo dat rule — transfer of title by a non-owner - Australian Consumer Law — consumer guarantees/implied terms, limitation clauses and remedies (Week 6) - Unconscionable conduct — elements, defences, remedies (Week 7) - Unfair contract terms (Week 8) - Formation of insurance contracts (Week 9) - Post-contractual insurance issues — contract terms and making a claim (Week 10)